-
Class Action Attorney Requests $24 Million in Fees but Deleted Electronic Data…What is a Court to Do?
In an order handed down August 7, 2013, a California Court of Appeals considered a class action attorney fee request of $24 million. The case is Ellis v. Toshiba, Nos. B220286, B227078 (Cal. Ct. App. 2013), and it has a very long history. The basic issue on appeal is whether
-
District Court Denies “Metadata Extraction” As a Taxable Cost Under Fed. Rule 54(d)
An ongoing issue courts across the country are grappling with is when a prevailing party is seeking costs under Fed. R. Civ. P. 54(d)(1). The rule allows for costs, over and beyond attorneys’ fees, to be recovered if the cost falls under one of the allowed categories. In a recent
-
Metadata is Not “Content” Under the Stored Communications Act
All this week, our blog has been discussing the 2013 case Optiver Australia v. Libra Trading, 2013 WL 256771 (N.D.Cal.), where a district court partially quashed a third-party subpoena served upon Google. The plaintiff sought discovery relating to emails directly from Google, as it alleged the defense production was inadequate